Ross v. Plastic Playthings, Inc.

BICKS, District Judge.

Plaintiff instituted this suit against defendant Plastic Playthings, Inc. in December, 1951 for alleged infringement of his design patent. The complaint prayed for an injunction and an accounting of profits. On January 14, 1952 plaintiff filed a note of issue requesting that the action be added to the Civil Non-Jury Trial Calendar. In October, 1955, after the patent expired, plaintiff sought and was granted leave to amend his complaint by (1) adding Stahlwood Toy Manufacturing Co., Inc. as a party defendant; (2) eliminating the prayer for injunctive relief; and (3)…